Full Text of SB2570 96th General Assembly
SB2570 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2570
Introduced 1/13/2010, by Sen. Dale A. Righter SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-1203 |
from Ch. 110, par. 2-1203 |
750 ILCS 5/413 |
from Ch. 40, par. 413 |
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Amends the Code of Civil Procedure and the Illinois Marriage and Dissolution of Marriage Act. Provides that a monetary child support or maintenance order shall not be suspended or stayed due to a post-judgment motion.
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A BILL FOR
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SB2570 |
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LRB096 14819 AJO 29682 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Section 2-1203 as follows:
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| (735 ILCS 5/2-1203) (from Ch. 110, par. 2-1203)
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| Sec. 2-1203. Motions after judgment in non-jury cases. | 8 |
| (a) In all
cases tried without a jury, any party may, | 9 |
| within 30 days after the
entry of the judgment or within any | 10 |
| further time the court may allow
within the 30 days or any | 11 |
| extensions thereof, file a motion for a
rehearing, or a | 12 |
| retrial, or modification of the judgment or to vacate
the | 13 |
| judgment or for other relief.
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| (b) Except as provided in subsection (a) of Section 413 of | 15 |
| the Illinois Marriage and Dissolution of Marriage Act, a A | 16 |
| motion filed in apt time stays enforcement of the judgment | 17 |
| except that a judgment granting injunctive or declaratory | 18 |
| relief shall be stayed only by a court order that follows a | 19 |
| separate application that sets forth just cause for staying the | 20 |
| enforcement.
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| (Source: P.A. 95-902, eff. 1-1-09.)
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| Section 10. The Illinois Marriage and Dissolution of |
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SB2570 |
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LRB096 14819 AJO 29682 b |
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| Marriage Act is amended by changing Section 413 as follows:
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| (750 ILCS 5/413) (from Ch. 40, par. 413)
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| Sec. 413.
Judgment.) (a) A judgment of dissolution
of | 4 |
| marriage or of legal separation or of declaration of invalidity | 5 |
| of marriage is final
when entered, subject to the right of | 6 |
| appeal. An appeal from the judgment
of dissolution of marriage | 7 |
| that does not challenge the finding as to grounds
does not | 8 |
| delay the finality
of that provision of the judgment which | 9 |
| dissolves the marriage, beyond the time for
appealing from that | 10 |
| provision, and either of the parties may remarry pending | 11 |
| appeal.
An order directing payment of money for support or | 12 |
| maintenance of the spouse
or the minor
child or children shall | 13 |
| not be suspended or the enforcement thereof stayed pending
the | 14 |
| appeal. An order directing payment of money for support or | 15 |
| maintenance of the spouse or the minor child or children shall | 16 |
| not be suspended or the enforcement thereof stayed following | 17 |
| the entry of a judgment for dissolution of marriage due to the | 18 |
| filing of post-judgment motions, including a motion filed under | 19 |
| Section 2-1203 of the Code of Civil Procedure.
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| (b) The clerk of the court shall give notice of the entry | 21 |
| of a judgment of dissolution
of marriage or legal separation or | 22 |
| a declaration of invalidity of marriage:
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| (1) if the marriage is registered in this State, to the | 24 |
| county clerk of the county
where the marriage is registered, | 25 |
| who shall enter the fact of dissolution
of marriage or legal
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SB2570 |
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LRB096 14819 AJO 29682 b |
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| separation or declaration of invalidity of marriage in the | 2 |
| marriage registry;
and within 45 days after the close
of the | 3 |
| month in which the judgment is entered, the
clerk shall forward
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| the certificate to the Department of Public Health on a form | 5 |
| furnished by the
Department; or
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| (2) if the marriage is registered in another jurisdiction, | 7 |
| to the
appropriate official of that jurisdiction, with the | 8 |
| request that he enter the fact of
dissolution of marriage or | 9 |
| legal separation or declaration of invalidity
of marriage in | 10 |
| the appropriate record.
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| (c) Upon request by a wife whose marriage is dissolved or | 12 |
| declared
invalid, the court shall order her maiden name or a | 13 |
| former name restored.
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| (d) A judgment of dissolution of marriage or legal | 15 |
| separation, if made, shall
be awarded to both of the parties, | 16 |
| and shall provide that it affects the
status previously
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| existing between the parties in the manner adjudged.
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| (Source: P.A. 84-546.)
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